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GIESE v. MORTON COUNTY

Civ. No. 900208.

464 N.W.2d 202 (1990)

Ted GIESE, Plaintiff and Appellant, v. MORTON COUNTY, a Political Subdivision of the State of North Dakota, Defendant and Appellee.

Supreme Court of North Dakota.

December 17, 1990.

Attorney(s) appearing for the Case

Schirado Law Office, Mandan, for plaintiff and appellant; argued by L.J. Schirado.

Allen M. Koppy (argued), States Atty., Mandan, for defendant and appellee.

ERICKSTAD, Chief Justice.

Ted Giese appeals from the judgment of the District Court for the South Central Judicial District dated May 9, 1990. The judgment dismissed Giese's complaint and denied an injunction which was intended to prevent Morton County from claiming an easement for public road purposes on the North Half of Section 30, Township 138, Range 83 West in Morton County. We affirm.

In 1926 Giese's predecessor in title to the land in question gave...

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